Condonation of Delay Under Section 5: Scope and Sufficient Cause

Calculate limitation before explaining delay

Identify the exact remedy, forum, limitation provision and starting event. Then check applicable exclusions and other statutory rules before calculating how late the filing is.

For example, Section 12 addresses exclusion of the starting day and, in the proceedings it specifies, time requisite for obtaining relevant copies. Section 4 concerns expiry when the court is closed. These provisions perform a different function from asking a court to condone an established delay under Section 5.

Special or local legislation may prescribe a different limitation scheme. Read it with Section 29(2) and governing decisions. Do not assume Section 5 applies to every tribunal or overrides a statutory outer limit.

Sufficient cause needs an explanation supported by facts

In Pathapati Subba Reddy (died) by LRs v. Special Deputy Collector (LA), 2024 INSC 286, judgment dated 8 April 2024, the Supreme Court discussed the balance between a liberal approach under Section 5 and enforcement of limitation law.

The judgment stresses a proper explanation and diligence. Sympathy or the fact that someone else obtained relief is not, by itself, a sufficient explanation for delay. The assessment depends on the facts; a long delay is neither automatically excused nor decided solely by counting its days.

Illness, difficulty obtaining records or a representative's mistake should be supported by the relevant dates and documents. Naming a possible explanation does not prove it occurred or justify every part of the delay.

A practical application checklist

• State the applicable limitation provision and show the calculation.
• Identify the period requiring condonation after any legally available exclusions.
• Explain the sequence of events, including what prevented filing on time.
• Attach available supporting records and provide the affidavit required by the forum.
• Explain the steps taken once the obstacle ended and address material gaps honestly.
• File the substantive appeal or application in the manner required by the relevant rules.

Avoid invented case citations, generic assertions that all delay was unavoidable, or unsupported promises that a strong case on the merits guarantees condonation.

Official sources

Limitation Act text hosted by the High Court of Tripura: Sections 4, 5, 12 and 29. The linked compilation also contains editorial notes; the statutory provisions, rather than those notes, are the basis of the statutory explanation above.

Supreme Court judgment in Pathapati Subba Reddy: particularly paragraphs 19–26.

Correction — 20 October 2026: Added the Order XXI exclusion, distinguished computation from condonation, and replaced inaccurate or unverified case references with a checked Supreme Court authority.